JAYAMMA Vs. PUNNETH KUMAR S.

JUDGEMENT

(1.) This appeal under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act', for short) has been filed by the claimants seeking enhancement of the amount of compensation against the judgment dated 31.10.2019 passed by the Motor Accident Claims Tribunal (hereinafter referred to as 'the claims tribunal' for short).

(2.) Facts giving rise to the filing of the appeal briefly stated are that deceased Dharani R. in the night intervening 12/13.11.2015 at about 1.20 a.m. was traveling in a car bearing registration No. KA 41-B-4849 from Bangalore to Mysuru. The aforesaid vehicle was being driven by its driver cum owner viz., Puneet Kumar. The car met with an accident on B.M.Road of Ramangara. The deceased sustained grievous injuries in the aforesaid accident and eventually succumbed to the same.

(3.) The claimants thereupon filed a petition under Section 166(1) of the Act claiming compensation. The tribunal vide judgment dated 31.10.2019 inter alia held that the accident took place on account of rash and negligent driving of the driver of the vehicle in question by its driver viz., Puneet Kumar who did not have a valid and effective driving licence on the date of accident. It was further held that the claimants are entitled to a sum of Rs.6,37,000/- along with interest at the rate of 6% per annum and the owners viz., respondent No.1(a) & (b) were held liable to pay the amount of compensation. In the aforesaid factual background, this apepeal has been filed assailing the findings recorded by the Claims Tribunal with regard to the exoneration of the Insurance Company as well as for enhancement of the compensation.